(d)

4 Interpretation

dietitian has the meaning given by section 162 of the Health Practitioners Competence Assurance Act 2003

Dietitians Board means the body continued under that name by section 114(1) of the Health Practitioners Competence Assurance Act 2003

specified prescription medicine means a prescription medicine that—

(a)

is specified for prescription by dietitians by notice in the Gazette under section 105(5A) of the Act; or

(b)

belongs to a class or description of prescription medicines that are specified for prescription by dietitians by notice in the Gazette under section 105(5A) of the Act.

(2)

A term used in these regulations that is defined in the Act, but not in these regulations, has the meaning given by the Act.

5 Authority to prescribe specified prescription medicines

A dietitian may prescribe a specified prescription medicine if he or she complies with the requirements of regulations 6, 7, and 8.

6 Requirements for commencing to prescribe for first time

Before prescribing a specified prescription medicine for the first time, a dietitian must—

(a)

obtain the qualification required for dietitians specified by the Dietitians Board by notice in the Gazette for the purposes of these regulations; and

(b)

successfully complete the training specified by the Dietitians Board by notice in the Gazette for the purposes of these regulations; and

(c)

demonstrate to the satisfaction of the Dietitians Board that he or she is sufficiently knowledgeable to safely prescribe specified prescription medicines; and

(d)

be authorised by the Dietitians Board to prescribe specified prescription medicines.

7 Other training to be undertaken

Before prescribing a specified prescription medicine, a dietitian must—

(a)

successfully undertake any training that is specified by the Dietitians Board by notice in the Gazette for the purposes of these regulations; and

(b)

do so within the periods, or at the times, specified for the purpose in the notice, if the training is of an ongoing nature.

8 Assessment of competence to be completed

Before prescribing a specified prescription medicine, a dietitian must—

(a)

successfully complete any assessment of his or her competence to prescribe specified prescription medicines that is specified by the Dietitians Board by notice in the Gazette for the purposes of these regulations; and

(b)

do so within the periods, or at the times, specified for the purpose in the notice, if the assessment is to be completed at regular intervals.

9Gazette notices

(1)

For the purposes of these regulations, a notice in the Gazette—

(a)

comes into force on the day after the date of its publication or on a later date specified for the purpose in the notice; and

(b)

may provide that it expires, if not revoked earlier, at the end of a specified day.

(2)

Within 5 working days after the date of publication of a notice in the Gazette for the purposes of these regulations, and while the notice remains in force, the Dietitians Board must ensure that an up-to-date version of the notice is available—

(a)

on the Internet; and

(b)

at the office of the Dietitians Board during business hours, so that members of the public may—

(i)

inspect the notice free of charge; and

(ii)

obtain a copy of the notice for a reasonable fee.

10 Prohibition against prescribing specified prescription medicines

(1)

A dietitian must not prescribe a specified prescription medicine unless he or she complies with the requirements of regulations 6, 7, and 8.

(2)

A person commits an offence if he or she breaches subclause (1).

(3)

A person who commits the offence is liable on conviction to a fine not exceeding $500.

Michael Webster,Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations come into force on 3 August 2015. They permit certain dietitians to prescribe prescription medicines that are specified for prescription by dietitians by notice in the Gazette under section 105(5A) of the Medicines Act 1981. To be permitted to do so, dietitians must meet the requirements of the regulations relating to qualifications, training, and competence.

The Dietitians Board may specify details of the qualifications, training, and competence requirements by notice in the Gazette.

A dietitian who does not meet those requirements must not prescribe the specified prescription medicines. A person who does so commits an offence and is liable on conviction to a fine not exceeding $500.

Regulatory impact statement

The Ministry of Health produced a regulatory impact statement on 3 December 2014 to help inform the decisions taken by the Government relating to the contents of this instrument.